Faq

Frequently Asked Questions

How much will my divorce cost (this also applies to child custody or other family law case)?

It depends. We charge our time on an hourly basis in six minute increments. So, cases that are highly contentious cost much more than cases that are not.

Is a dissolution of marriage cheaper that a contested divorce?

Usually, yes. But only because a dissolution of marriage is contingent upon the parties reaching a complete agreement on all issues. Sometimes the parties do not reach an agreement until they have spent substantial time negotiating and in those cases the cost can be substantial.

Will my spouse take my retirement account?

All contributions to retirement accounts made during the marriage are subject to division by the court. Usually, marital retirement contributions are divided 50/50.

I am not married to the mother of my child and she will not let me see my son/daughter, what can I do?

Unmarried fathers must file for parental rights after their child is born.

I am not married to the father of my child and he will not contribute to the support of our son/daughter, what can I do?

You need to file for child support. Parentage may need to be determined before an unmarried mother may pursue child support.

What is probate?

Probate is the process one must go through when an individual passes away with assets that are titled in their name alone. In order to transfer those assets to their heirs, pursuant to the terms of their Last Will and Testament, documentation must be submitted to probate court for the executor to have authority to transfer those assets.

The Will says that I am the executor, so why do I need to go through probate?

Even though the Will names you as executor, you still need authority from the local probate court judge, in order to fulfill your duties as executor.

I am on a joint account with my parent. Do I need to share these proceeds with my siblings when my parent dies?

No, if you are a joint owner on an account with another individual, those proceeds belong to you. They are considered to be a non-probate asset and the proceeds do not pass under the decedent’s Will to the beneficiaries named in the Will.

I think that my sibling is misusing my parent’s power of attorney and taking money for his/her self. What can I do?

This scenario unfortunately occurs quite often. In most cases, you will need to apply to become the guardian of the parent if the parent is determined to be incompetent by a medical doctor. Otherwise, you may need to seek court action in the local probate court. This can be quite expensive, but the attorneys at Kryszak & Associates can help you through the process as efficiently as possible.

Do I have to take classes become a guardian of my parent?

Yes, the guardianship laws have changed recently, and all guardians need to attend classes to become qualified to be a guardian.

Can my inheritance be taxed?

Ohio Estate Tax was repealed in 2013, and federal estate tax only applies to estates greater than five million dollars. So, if the estate is less than five million dollars and you are an Ohio resident, there are no estate taxes. If you are a beneficiary in another state, you will want to check your tax laws.

Why is it important for me to have an Ohio Healthcare Power of Attorney?

A healthcare power of attorney is very important because it allows you to name people that you trust to make medical decisions on your behalf, if you are not able to do so.

Why is a Durable General Power of Attorney important?

A Power of Attorney is important to have because it allows the person you have named the ability to handle financial matters for you if you are unable to do so. By having this document in place, you avoid the need for a guardianship, which can be quite costly. Guardianships need to be applied for in situations where people do not have either a healthcare or financial power of attorney.

My children are minors and I want to protect their inheritance if I should pass away. What should I do?

Often times, for young families, the attorneys at Kryszak & Associates will prepare a Will with Testamentary Trust, which allows you to state that you would like to have money held for minor children in trust until those children reach certain ages.

What is a non-probate asset?

Non-probate assets include accounts and titled assets that are held joint with rights of survivorship or as payable on death to a beneficiary or beneficiaries. It may seem like a good idea to avoid probate and have beneficiaries named on all of your titled assets, but sometimes it makes things more difficult and complicated. The attorneys at Kryszak & Associates can help you determine if doing this is a good idea or not. Sometimes certain circumstances make it is worth the time, effort and cost of probating an estate.

What is a quit-claim deed?

A quit- claim deed is simply a deed that is prepared to transfer an interest in real property, without any warranty covenants. We can help prepare this deed for you if you need it.

My spouse and I own real property together, so it will avoid probate when one of us passes away, right?

Not necessarily. It is very important to check your deed to make sure that is contains language stating that the deed is held joint with rights of survivorship. It was not a common practice years ago and the attorneys at Kryszak & Associates can review your deed for you and help you update it if necessary.

My spouse passed away owning a vehicle, but the auto title office will not allow me to transfer the title. Why is that?

It may be because there is still a lien on the vehicle. All liens on vehicles need to be released before the title office will issue a Certificate of Title.

My parent passed away and we cannot find his/her Will, what is our next step?

It would be important for you to consult one of the attorneys at Kryszak & Associates to help you in this situation. If a copy of the signed Will can be found, it may be possible to ask the Court for authority to probate the copy of the Will.

What is the difference between an Ohio Healthcare Power of Attorney and an Ohio Living Will?

In the Living Will, you state the people you would want contacted if something happened to you medically, and you state your wishes about whether you want to receive artificial hydration and nutrition if you are determined by two or more doctors to be permanently unconscious. In the Healthcare Power of Attorney, you name the individuals you wish to make medical decisions for you if you are unable to do so. You can also give authority to your agents to carry out your wishes about receiving artificial hydration and nutrition.

What is an appeal?

The state court system is made up of three levels – the trial court (sometimes referred to as the lower court), the Court of Appeals, and the Supreme Court of Ohio. An individual’s first contact with the court system is usually with the trial court. If those proceedings result in an unfavorable decision, you have the right to file an appeal of that decision with the Court of Appeals of Ohio covering your jurisdictional area. If you are unsuccessful at the Court of Appeals level, you can petition the Supreme Court of Ohio to hear your case. Federal courts also have a similar 3-tiered system.

How much time do I have to decide whether to appeal?

It is critical once an unfavorable decision is made that disposes of your case that you consider as soon as possible whether you want to file an appeal. In most cases, you must file documents to initiate an appeal within 30 days after final judgment is rendered in your case. The 30-day timeline is strict and an experienced appellate attorney will be able to identify the exact date that the clock begins to tick on pursuing your appellate rights. Additionally, sometimes in civil cases, you must take certain actions to preserve your appellate arguments before the 30 day period expires. If you think you may want to appeal, it is best to contact an appellate attorney as soon as you have received the unfavorable decision.

Why do I need an appellate attorney? Can’t my trial attorney pursue an appeal if needed?

Appeals have different procedural rules than trials and often require a different skill set. While some trial attorneys do have appellate experience, others do not and risk falling prey to some common appellate pitfalls. One of those pitfalls is failing to ensure that the appellate record is complete, as an argument cannot be made to the Court of Appeals that is based on a matter not contained in the Record. This analysis must be made early on in the appeal. At Kryszak & Associates, Co., LPA, we are able to handle appeals on our own, but are also happy to co-counsel with other attorneys who may want an experienced appellate attorney on their team for a particular case.

5330 Meadow Lane Court
Suite A
Sheffield Village, OH 44035

943-1/2 Main Street Grafton, OH 44044

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